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That creates a target for legal challenge for being arbitrary and capricious. This is a reasonable concern given the FDAs recent track record in other tobacco cases: The agencys regulation of premium cigars was struck down last year for being arbitrary and capricious, and e-cigarette makers have prevailed on challenges to its regulatory processes in the U.S

Statistics Canada reported this week smoking rates have dropped dramatically in the last 10 years, with steep declines in the number of teen smokers

However, a more realistic assessment of the threat posed by illicit tobacco is sorely needed